Secret Ballot or Not? Speaker of Parliament has to decide

Constitutional Court: Chief Justice Mogoeng Mogoeng says it would be a violation of separation of powers if his court has to order the Speaker of Parliament Baleka Mbete to conduct the Secret Ballot vote in a motion of No confidence against the President.

Speaker of Parliament Baleka Mbete, Secret Ballot ruling
Speaker of Parliament Baleka Mbete, Secret Ballot ruling

Delivering a Landmark judgment on the Application for Secret Ballot vote, Justice Mogoeng said the power is with the Parliament Speaker Baleka Mbete to decide and he does not have powers to order the use of Secret Ballot in parliament.

The United Democratic Movement (UDM) approached the court last month‚ asking it to order that the vote be conducted by secret ballot.

Mogoeng said the court could not make such an order‚ given the separation of powers doctrine‚ but the ruling put the decision in the hands of National Assembly speaker Baleka Mbete.

“It is declared that the Speaker of the National Assembly has the constitutional power to prescribe that voting in a no confidence motion in the president be conducted by secret ballot‚” chief justice Mogoeng Mogoeng said in a unanimous judgment.


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